An Osun State High Court sitting in Osogbo on Thursday refused to grant an application by some members of the Peoples Democratic Party (PDP), seeking to set aside the July 21 primary.
The party members, Rasheed Olabayo and Oluwaseun Idowu, had approached the court claiming that Senator Adeleke who was declared winner did not possess certificates that show that he is educationally qualified to contest as required by Section 177 (d) of the 1999 Constitution.
They, therefore, sought an order restraining the party from forwarding his name to the Independent National Electoral Commission (INEC) as its candidate.
The court, however, refused to grant the order.
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It ruled that being an ex-parte application that is not served on the respondent, it will be improper and unjust for the court to make such an order without listening to the other side.
The court also stated that granting the leave to restrain the PDP from presenting Adeleke as its governorship candidate, over his inability to present his certificate may subject the court to mockery if the senator eventually presents the certificate.
Justice David Oladimeji who presided over the case said, “It will be inequitable not to allow the respondent to come and show his certificate if he has any. But if given the opportunity to present his side of the case, the balance which is necessary for an interlocutory injunction would be adequately considered.”
He explained further that the ex-parte injunction only has a seven-day lifespan and that there is still a window until August 1, 2018, according to the affidavits sworn to by the applicants.
The court, therefore, ordered that the respondent should be put on notice and adjourned the case till August 1.
